Chief Justice of India B.R. Gavai addresses concerns over bulldozer justice, urging respect for rule of law and constitutional principles (Siasat)
On Saturday, Chief Justice of India B.R. Gavai issued a stern reminder that the practice of razing homes of alleged offenders without trial or due process was an insult to the very fabric of democracy. Speaking at a function to honor members of the Goa High Court Bar Association, he cautioned that such unilateral acts done by district administrations were invading the powers of the judiciary.
He pointed out that the Constitution accurately classifies the powers and functions of the executive, the legislature, and the judiciary. "When the executive begins to act as a judge, the principle of separation of powers is directly threatened," he stated. Gavai asserted that even those merely accused not convicted were being punished by losing their homes and their families were suffering unjustly.
Recalling a recent intervention of the court, Justice Gavai cited the November 2024 ruling when a bench, presided over by him and Justice K.V. Viswanathan, had put a stop to bulldozing properties without due process. The rule of law must be upheld beyond anything else in India, he asserted.
ALSO READ: Rahul Gandhi, Tejashwi Yadav Ride Up Bihar’s Streets during ‘Voter Adhikar Yatra’: Watch
"Recovering of rights was never at the expense of fundamental fairness," he emphasized; "even a convicted person still enjoys his constitutional rights."
Justice Gavai also reflected upon his controversial judgment on the sub-classification of Scheduled Castes within reservations. In August 2024, a seven judge Constitution Bench held, by 6 to 1, that the Scheduled Castes are not a homogenous social group and the States may sub classify them in order to grant equitable access to the most disadvantaged segments.
ALSO READ: India Successfully Tests DRDO’s IADWS, New Multi-Layered Air Defence System
He was candid in admitting that the decision had invited fierce criticism even from members of his own community. “I asked myself can the child of a professional educated in elite schools of Delhi or Mumbai truly be compared to the child of a daily wage worker studying in a rural government school?” This question and the answer to it burdened his conscience and imposed on him the duty to consider equity for the sake of real justice.
Justice Gavai concluded by reminding that occupying a constitutional office is not one of prestige but of responsibility. "The role entrusted to us is not for personal enjoyment but to uphold the values of the Constitution and work for public good," he said.
Earlier that day, he also attended the golden jubilee celebrations of V.M. Salgaocar College of Law in Goa, further strengthening the link of the judiciary to democratic values and education.
ALSO READ: Bihar’s Electoral Roll Update Hits 98.2% voters: ECI says Final List to Be Published September 30
